Duty to Consult & Accommodate

What is “Duty to Consult”?

Any action (s) taken by Federal or Provincial government that affects the treaty rights of an Indigenous person in Canada requires a formal consultation process called “Duty to Consult”. It is the legal responsibility of the Federal and Provincial government to trigger the consultation process (and accommodate where possible) when certain decision or actions may impact Indigenous treaty rights.

Duty to consult triggers can include:

1) Proposed Crown conduct which includes potential actions or decisions taken by the Crown.

2) The potential impact the Crown’s conduct may have on Indigenous treaty rights; and

3) The Crown has knowledge that there are treaty rights (potential or established) in the area.

All three must be present in order for the Crown to trigger the duty to consult process. Once triggered it is the responsibility of all parties to participate in the consultation process. Consultation protocols have been established in order to help facilitate the process and efficiency of the consultation process which include:

facilitate engagement

promote relationship building

clarify roles and responsibilities between governments and Indigenous communities

How does “Duty to Consult” affect your First Nations community?

The legal obligation lies with the Crown. However, the duty to consult involves extensive participation by the Crown, First Nations and other third parties. For First Nations communities the duty to consult process provides an opportunity to:

Voice issues or concerns

Ensure the crown is attempting to address those issues or concerns

To reach a solution that satisfies all involved parties

The duty to consult process can be complex involving multiple parties and steps.

This is where Cambium Aboriginal can help. We have years of direct experience in this area. We have the experience to guide your First Nations community through the entire duty to consult and accommodate process. Let us help clear the confusion around the duty to consult and accommodate process!